Name Registered with Resort
Site Number: Day Use Visitor: Phone Date of Birth
Notice: This is a legally binding document. If not understood, legal advice should be sought. By signing this document, you give up your right and the right of your heirs, next of kin, personal representatives, and assigns to bring a court action, now or any time in the future to recover compensation or obtain any other remedy for an injury to yourself or your property or for your death, however caused, arising out of your use of the Resort facilities including, but not limited to, use of the climbing areas, skate park, and inflatable jumpers, even if such claim is based upon actual negligence of Resort or its employees, directors, or workers.
1. Acknowledgement of Risks
The undersigned user ("User") hereby acknowledges and agrees that the use of the facility operated by Resort has inherent risks. User fully recognizes and appreciates the dangers inherent with Resort activities, including but not limited to horses, bouldering rock, use of Resort facilities including but not limited to the exercise room, bikes and pools (“Facilities); fishing, hiking and other resort related activities that occur at or near the water or in nature. User is assuming the hazard of risk to User since User desires to use facilities at Resort. User realizes that User is subject to injury from these activities and that no form of preplanning can remove all of the danger to which User is being exposed. User further represents and warrants to Resort that User has full knowledge of the nature and extent of all risks associated with activities at Resort and the use of equipment, including but not limited to: risk of physical injury, disability, or death and risk of loss of use or damage to my personal property. Risks include but are not limited to weather related hazards, animal or insect attack (including injury from horses on the property), allergy or injury or death from plant life, swift water hazards, drowning, the possibility of slips and falls, pinches, scrapes, crushing or jolts that could result in lacerations, fractures, burns, or even more severely debilitating or life-threatening hazards. I understand that injury or loss may result from unknown or unexpected risks, but may also result from environmental conditions,
from the acts or omissions of others, or from the unavailability of immediate and/or adequate emergency medical care, the use of equipment, materials owned by, or facilities acquired by the Resort, injuries resulting from the actions, omissions or negligence of Resort or others; blatant or apparent defects or conditions in equipment or property supplied by Resort; injuries resulting from the physical condition or actions, omissions, negligence in any degree of User; all manner of injuries resulting from falling off of bikes and hitting furniture or other items such as, but not limited to, tables, chairs, the stage or the ground; injuries resulting from contact with other users of Resort facilities and activities; injuries resulting from contact with Resort Facilities including but not limited to stairs, doors, counters, windows, arcade games, and furniture whether permanently or temporarily in place; first aid, emergency treatment or other services rendered by Resort or others; and there is also the possibility that my engaging in such activities could cause injury or harm to a person other than myself. BY ENGAGING IN THESE ACTIVITIES, THE PARTICIPANT ASSUMES THE RISK OF SERIOUS INJURY OR DEATH. Initial * I understand that the Resort does not guarantee my personal health or safety at any point during my use of Resort Facilities, nor does it protect me against risk of loss of my personal property. I understand the Resort does not assume responsibility for the actions of others, for events that are not part of the Resort, or that are beyond the control of the Resort or its contractors, or for situations that may arise due to the failure of the User to disclose pertinent information. Initial *
2. Releases, Indemnification and Covenant Not to Sue
User voluntarily releases and forever discharges and covenants not to sue Resort, and all other persons or entities affiliated therewith, from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of or are in any way connected with User's attendance at Resort or participation in any Resort activity, including, but not limited to any and all negligence, of Resort, its agents or employees, and all other persons or entities, for any and all injury, death, illness or disease, and damage to User or
User's property. User further agrees, promises and covenants to hold harmless and to indemnify Resort, its agents, workers, directors and employees, and all other persons or entities against all damage which user may negligently or intentionally cause to spectators or other third parties in the course of User's participation in any Resort activity. User further agrees, promises and covenants not to use, assert or otherwise maintain any claim against Resort, its agents, workers, directors and employees, and all other persons or entities, for any injury, death, illness or disease, or damage to User or User's property, arising from or connected to User's participation in any activity or from any claims asserted against User by spectators or other third parties. In signing this document, User fully recognizes that if anyone is hurt or dies, or property is damaged while
User is in Resort facilities, User will have no rights to make any claim or file a lawsuit against Resort, its agents or employees even if Resort, its agents or employees, or any of them negligently caused the bodily injury or property damage.
3. Acknowledgment of Effect of This Release Agreement
User Understands and acknowledges that by signing this document User has given up certain legal rights and/or possible claims which User might otherwise assert or maintain against Resort, its agents, workers, directors or employees, and other persons or entities, including but not limited to rights arising from or claims for the acts or omissions, fault or negligence of Resort, its agents or employees or any other persons or entities. User understands and acknowledges that by initialing and/or signing this document, User has assumed responsibility and LEGAL LIABILITY for the claims or other legal demands, including defense costs, which may be asserted by third parties against User as a result of User's use of the Resort.
4. Participant Insurance Benefits and Representation of Physical Condition
User understands and acknowledges that no medical insurance benefits will be provided to User for injuries occurring while User is using Resort. User certifies that User has sufficient health, accident, and personal liability insurance to cover bodily, property damage, or any consequences resulting from User's participation in Resort activities. If User has no such insurance, User certifies that User is capable of personally paying for any and all expenses or liability. User further acknowledges that the undersigned is in good physical and mental health, not suffering from any condition, disease or disablement, which would or could potentially affect participation in activities at Resort.
In consideration of this agreement, Resort will permit User to participate in Resort activities, subject to user's compliance with all Resort Rules, Regulations and Safety Policies, which may be amended from time to time. It is the responsibility of User to request to inspect all such Rules, Regulations and Policies. Resort retains the right to deny entrance to its facilities or participation in its activities, to anyone in its sole discretion.
User understands that this constitutes the entire agreement between undersigned ("User") and Resort, its agents or employees, and that it cannot be modified or changed in any way by the representations or statements of Resort, its agents, workers, directors or employees or by User. User’s and Parents/Guardians signatures below indicate that they have read this entire document in full, understands it completely, and agrees to be bound by its terms. This Waiver and Release is a Colorado contract and User consents to the jurisdiction and venue for any action relating to this Waiver and Release in Somerset, Colorado regardless of User's residence or domicile. Initial *
6. Acknowledgement of Responsibility
I consent to medical treatment in the event of injury, accident and/or illness during my use of the Resort.
In the event I am injured or become ill while participating in this during my use of the Resort, I understand and agree that I will accept responsibility for any medical bills, including co-payments and deductibles.
In the event I am injured or my property is damaged as a result of my use of the Resort, I will not seek reimbursement from the Resort.
In the event that while using the Resort, I cause harm to another person or another person’s property I accept sole responsibility for my actions and indemnify the Resort and hold it and its officers, directors, employees, contractors and assigns harmless therefrom.
I agree not to ride or attempt to ride any horse on the property at the Resort
If I am not an owner of a horse stabled on the property of the Resort, I agree not to enter the stables/corral area of the Resort and, if I do make such entry, I indemnify and hold the Resort harmless from any liability associated therewith
If I stable my horse on the property of the Resort, I agree that I must be a guest of the Resort and to execute any contract and pay any expenses associated therewith. I agree to be solely responsible for the care of my horse and will indemnify and hold the Resort harmless from any and all liability associated therewith, including injury to animal or property and in the event my animal injures person or property, I agree to be solely responsible therefore and will indemnify and hold the Resort harmless therefrom, including reasonable attorney fees and court costs. I further agree to stable my horse in its own stall. Horses shall not be stabled in multiple in one stall.
7. Photographic Releases
As a User, I grant and convey unto the Resort, all right, title and interest in any and all photographic images, video and audio recordings obtained during my use of the Resort.
Initial * As a User, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Colorado, in the United States of America, and that this release shall be governed by and interpreted in accordance with the laws of the State of Colorado. I agree that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable.
I understand and accept the risks; I understand and agree to abide by the code of conduct; and I accept responsibility for injury to myself; my own property; and harm to others that I have caused.
In signing this release, I acknowledge and represent that:
A. I have read the foregoing release, understand it, and sign it voluntarily as my own free act
B. No oral representation, statements or inducements, apart from the foregoing written
agreement, have been made;
C. I am at least eighteen (18) years of age and fully competent; and
D. I execute this Release for full, adequate and complete consideration fully intending to be
bound by same.
E. I agree that in any action to enforce or interpret the terms of this Agreement, the prevailing party shall be awarded, in addition to any other remedy or compensation, its reasonable attorney fees and costs.
Full Name *
Name of Responsible Parent/Guardian (If under age 18):